Grand Terrace ADU / Granny Flat Ordinance

http://caladu.org/ordinance/Grand-Terrace-06-28-17.pdf

June 23, 2017

Planning and Development Services Department

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Housing and Community Development ?’

Division of Housing Policy Development

P.0. Box 952053 Sacramento , CA 94252-2053

RE: CITY OF GRAND TERRACE

ORDINANCE AMENDING THE ZONING CODE RELATING TO ACCESSORY DWELLING UNITS

Enclosed please find a copy of Ordinance No. 303 adopted by the Grand Terrace City Council, adopted on May 9, 2017, amending City Codes relating to accessory dwelling units.

Should you have any questions please feel free to contact me at 909-824-6621, Extension 225.

Sincerely,

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SANDRA MOLINA

Planning and Development Services Director

Enclosure

W:\COMDEV\Zone Change Amendments\ZCA 17-01 Accessory Dwelling Unit\Transmittalto HCD 6.23.2017.doc

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22795 Barton Road, Grand Terrace , California, 92313-5295 909/8246621 Fax 909/7832600

ORDINANCE NO.303

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CAl,.IFORNIA, TO AMEND CHAPTER 18.06 (DEFINITIONS), CHAPTER 18.63 (SITE AND ARCHITECTURAL REVIEW) AND CHAPTER 18.69 (SECOND FAMILY UNITS) OF TITLE 18 (ZONING) OF THE GRAND TERRACE MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS

WHEREAS, effective January 1, 2017, pursuant to AB 2299 and SB 1069, Government Code § 65852.2 was amended, and as a result, various provisions of the existing Grand Terrace Municipal Code have become inconsistent with state law and must be updated; and

WHEREAS, effective January 1, 2017, Government Code § 65852.2 was amended to refer to “accessory dwelling units• rather than “second units” or secondary dwellings”; and

WHEREAS, it is in the best interest of the public to establish and update reasonable standards relating to provision of affordable housing in specified zones in the City; and

WHEREAS, the proposed amendment will not be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the city or injurious to property or improvements in the neighborhood or within the city; and

WHEREAS, the City Council finds that the proposed amendment is consistent with the latest adopted general plan, that those accessory dwelling units installed in compliance with this ordinance do not exceed any applicable allowable density requirements and are consistent with applicable zoning designations; and

WHEREAS, the City Council, pursuant to the California Environmental Quality Act (hereinafter “CEQA”) (California Public Resources Code Sections 21000 et seq.) and State CEQA guidelines (Sections 15000 et seq.) finds that the Ordinance is exempt pursuant to Section 15061(b)(3) of Title 14 the California Code of Regulations because the revisions to this ordinance will cumulatively affect a handful of units and the ordinance will not significantly impact traffic, noise, aesthetics, or any other environmental condition; and

WHEREAS, all legal prerequisites prior to the adoption of this ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE DOES ORDAIN AS FOLLOWS:

SECTION 1 . Findi ngs. The City Council finds that all the facts, findings, and conclusions set forth above in this Ordinance are correct.

SECTION 2. Amending Section 18.06.082. Section 18.06.082 (“Second-family units”) of Chapter 18.06 (“Definitions”) of Title 18 (“Zoning”) is hereby repealed and replaced with the following:

“18.06.082 -Accessory dwelling unit.

“Accessory dwelling unit” means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the single-family dwelling is situated.”

SECTION 3. Amending Section 18.63.020. Subsection (8)(2)0) of Section 18.63.020 (“Application”) Chapter 18.63 (“Site and Architectural Review”) of Title 18 (“Zoning”) is hereby added to read as follows:

j.Accessory dwelling units that comply with Chapter 18.69.”

SECTION 4. Amending Chapter 18.69. The title of Chapter 18.69 (“Second Family Units”) of Title 18 (“Zoning”) is hereby changed to “Accessory Dwelling Units.” Chapter

18.69 is repealed in its entirety and replaced with the following:

“18.69.010 – Purpose.

The purpose of this Chapter is to establish regulations for the ministerial placement of accessory dwelling units and to ensure such units are compatible with the surrounding neighborhood and single-family units.

18.69.020 – Definition.

“Accessory dwelling unif’ means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the single-family dwelling is situated.

1 8.69.030 Permi tted l ocation.

Accessory dwelling units are permitted by right in any single-family or multi-family residential zone district. The Director shall approve such units ministerially if they meet all requirements of this code.

18.69.040 Site development standards.

Site development standards for accessory dwelling units shall be the same as those required in Chapter 18.10 for the appropriate residential district except where the special regulations listed in Section 18.69.050 are in conflict with those in Chapter

    1. In such cases the standards listed in Section 18.69.050 shall apply. 1 8.69.050 Special reaulations.

All accessory dwelling units shall be subject to the following regulations:

      1. The lot size shall be a minimum of one and one-half times the minimum lot size of the underlying zone district. If a parcel with an accessory dwelling unit is subsequently subdivided, the City may require the accessory dwelling unit be moved if proper setbacks and other development standards cannot be met. No setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.

      1. The floor area of the accessory dwelling unit shall not exceed 50 percent of the living area of the existing main dwelling. In no instance shall any accessory dwelling unit exceed 1,200 square feet nor be smaller than an area to provide for an “efficiency unif’ as defined by the California Building Standards Code. For purposes of this subsection, “Living area” means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.

      1. Any single-family detached dwelling regardless of size of the living area may have at least an attached “efficiency unif’ as defined by the California Building Code provided all other requirements of this ordinance codified in this Chapter are met.

      1. A detached accessory dwelling unit shall be limited in height to a single story 20-foot high building.

      1. A detached accessory dwelling unit shall have a minimum wall separation from the primary dwelling of 15 feet.

      1. No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage

      1. One of the two dwellings, either the primary or accessory dwelling, must be occupied by the owner of the property.

      1. A manufactured home on a permanent foundation may be used as an accessory dwelling unit provided said manufactured home meets the requirements of Chapter 18.66 of this Title.

      1. The accessory dwelling unit shall conform to the color, materials, architectural style, and detailing of the main residence and shall meet all other applicable building code requirements and development standards of the zone for single­ family residential structures and accessory structures.

J. An accessory dwelling unit shall not be located on a parcel upon which there is located more than one dwelling unit.

K. The accessory dwelling unit may be rented but shall not be sold, transferred or assigned separately from the main single-family dwelling.

L. A maximum of one accessory dwelling unit shall be permitted on a lot.

  1. If one of the two dwellings is not occupied by a party who is the owner for any period longer than 60 days, one of the two dwellings must be converted to accessory living quarters or a guest house, and kitchen facilities shall be removed from one of the units. ·

  1. Prior to the issuance of a building permit for the accessory dwelling unit, a covenant on the property shall be recorded with the County of San Bernardino Recorder’s Office, subject to City approval, to restrict the property with the requirements of this Section. This use restriction shall be binding upon any successor in ownership of the property.

      1. Off-street parking.

In addition to the requirements of Chapter 18.60 for the main single-family residence, one parking space shall be provided for the accessory dwelling unit or one per each bedroom in the unit, whichever results in the greatest number of spaces being required.

The required parking space for the accessory dwelling unit shall be enclosed and located on the same lot as the second-family unit, and may be provided as tandem

parking on an existing driveway or in setback areas unless the Director finds that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. Otherwise, the parking shall meet the design standards of Chapter 18.60 (Off-Street Parking). Parking need not be provided in any of the following instances:

        1. The accessory dwelling unit is located within one-half mile of public transit.

8. The accessory dwelling unit is located within an architecturally and historically significant historic district.

C. The accessory dwelling unit is part of the existing primary residence or an

existing accessory structure.

  1. When onstreet parking permits are required but not offered to the occupant of the accessory dwelling unit.
  2. When thereis a car share vehicle located within one block of the accessory

dwelling unit.”

SECTION 4. Re1>eal. Any provision of the Grand Terrace Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance. to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTI ON 5. Severabili ty. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on

any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and,to that end, the provisions hereof are severable.The City Council of the City of Grand Terrace declares that it would have adopted all the provisions of this ordinance that remain valid if any provisions of this ordinance are declared invalid.

SECT I ON 6 Certifi cation: The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and submitted to the Department of Housing and Community Development within 60 days after adoption, and this Ordinance shall take effect 30 days after its final passage

PASSED, APPROVED and ADOPTED this gtt1 day of May, 2017.

ATTEST:

 

era omas City Clerk

Approved as to form:

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City Attorney

I, Debra L. Thomas, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopt at a regular meeting of the City Council of the City of Grand Terrace held on the 9 day of May, 2017.

AYES: Council Members Reinarz, Hussey, Wilson, Mayor Pro Tern Robles, Mayor McNaboe

NOES: None.

ABSENT: None. ABSTAIN: None.

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City Clerk